Journal articles on the topic 'Torture and cruel'
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1
Ranggong, Ruslan. "The Implementation of the Rights of Suspects in Detention Process." International Journal of Social Science Research 2, no. 1 (November 28, 2013): 39. http://dx.doi.org/10.5296/ijssr.v2i1.4634.
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Detention is a forceful effort taken to confine freedom in the movement of a suspected person committing a crime in the aim of accelerating criminal justice. However, it does not mean that prisoners whose liberty is confined can be treated arbitrarily in the form of torture, cruel treatment and discrimination. This study aims at observing the implementation of the rights of suspects for not being tortured and cruelly treated in the detention process and the obstacles in the implementation of these rights. The findings shows that this kind of implementation has not been optimally realized as torture practice and cruel treatment due to the weak understanding of law instruments against torture and arrogance of the legal officials are still found.
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Knott, Kevin. "The French Poe: Edgar Allan Poe’s “The Pit and the Pendulum” and Villers de L’lsle Adams’ “A Torture by Hope”." Studies in the American Short Story 3, no. 1-2 (November 2022): 75–92. http://dx.doi.org/10.5325/studamershorstor.3.1-2.0075.
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ABSTRACT Villiers de l’Isle-Adam’s “A Torture by Hope” occupied a unique place in the imagination of late nineteenth and early twentieth century literary critics curious about the conte cruel and Edgar Allan Poe’s alleged influence on this French author. In such comparisons Poe’s “The Pit and the Pendulum” was frequently named a literary antecedent to Villier’s “A Torture by Hope,” and though both stories relate horrifying details of protagonists tortured by Spanish inquisitors, a formal analysis of them reveals distinct differences in the respective aesthetic and moral effects, namely the ironic reversals in plot that were distinctive of Villiers’ conte cruel. This essay contextualizes the early twentieth-century debate among literary scholars before offering a comparison of the two stories ending with a review of contemporary scholarship on the conte cruel and its historical significance to horror fiction.
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Arcel, Libby Tata. "TORTURE, CRUEL, INHUMAN AND DEGRADING TREATMENT OF WOMEN - Psychological consequences." Psyke & Logos 22, no. 1 (July 31, 2001): 30. http://dx.doi.org/10.7146/pl.v22i1.8530.
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Artiklen diskuterer køns-specifikke torturformer, tværkulturelt, set fra et Menneskerettighedsperspektiv. Den diskuterer hovedsageligt sexuel tortur og grov, umenneskelig og nedværdigende behandling af kvinder udført af statslige magtudøvere, som politi og fængselsfunktionærer i mange kulturer. De seneste udviklinger i internationale love om kvinders menneskerettigheder som de udtrykkes i FN strategier beskrives og diskuteres. Derudover diskuterer artiklen årsagerne bag den totale straffrihed for udøvere af massiv sexuelt misbrug af kvinder under WW2, og opridser de seneste mentalitetsforandringer i opfattelsen af voldtægt af kvinder fra statslige magtudøveres side. I dag anerkendes voldtægt som tortur ifølge FN’s Konvention mod tortur. De fysiske og psykologiske konsekvenser af sexuelt misbrug opsummeres og artiklen foreslår en række forebyggende foranstaltninger på lovmæssigt, institutionelt, civilsamfunds -og individuelt niveau. Nobody asks a male torture victim whether he has consented to torture but the issue of consent is always present when a woman wants to reveal that she has been sexually abused by an official.
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Babatunde, Elkanah. "Torture by the Nigerian Police Force: International Obligations, National Responses and the Way Forward." Strathmore Law Review 2, no. 1 (January 1, 2017): 169–87. http://dx.doi.org/10.52907/slr.v2i1.99.
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Police brutality has become rife in Nigeria and is regarded by some as a normal part of police operations. This is despite the fact that the Nigerian Constitution provides for the guarantee of the right to dignity and the protection against torture and inhuman or degrading treatment. Nigeria is also party to some international treaties such as the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the African Charter on Human and Peoples’ Rights which expressly prohibit torture and other cruel, inhuman and degrading treatment. This raises the question whether police brutality in Nigeria amounts to torture and / or other cruel, inhuman or degrading treatment and whether the existing legal framework sufficiently prevents and punishes the perpetrators of these acts.
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Ustinchenko, Ihor, Volodymyr Mishalov, and Valerii Voichenko. "Case of victim torture in forensic expert practice." Forensic-medical examination, no. 2 (November 25, 2021): 96–104. http://dx.doi.org/10.24061/2707-8728.2.2021.11.
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The article contains a case of causing violent acts, namely torture, which corresponds to the section «Physical evidence of torture» of the «Istanbul Protocol». The morphological manifestations of bodily injuries are given, which are sufficiently informative for their further assessment by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment.
Aim of the work. Forensic medical characteristics of morphological manifestations of bodily injury as manifestations of torture and torture and other cruel, inhuman or degrading treatment.
Material and methods. The material of the research was the archival data of the Luhansk Regional Bureau of Forensic Medical Examination. Well-known forensic and statistical research methods were used.
Results. During the forensic examination of the corpse of gr. There were at least 100 injuries in the form of numerous bruises, bruises, wounds, a strangulation furrow on the neck, and changes in the anus.
Conclusion. Revealed during the forensic medical examination of the corpse of gr. M. at least 100 bodily injuries in the form of numerous abrasions, bruises, wounds, a strangulation groove on the neck and changes in the anus were identified by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment in accordance with the section «Physical evidence torture» of the «Istanbul Protocol».
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Wolfendale, Jessica. "The Myth of “Torture Lite”." Ethics & International Affairs 23, no. 1 (2009): 47–61. http://dx.doi.org/10.1111/j.1747-7093.2009.00189.x.
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Since the terrorist attacks on September 11, 2001, the phrase “torture lite” has appeared in public discourse about torture, used by journalists, military intelligence personnel, and academics to distinguish between two kinds of torture: torture, which is violent, physically mutilating, cruel and brutal, and torture lite, which refers to interrogation methods that are, it is claimed, more restrained and less severe than real torture. Techniques in the latter category, which are also described as “enhanced interrogation techniques” or “stress and duress methods,” include extended sleep deprivation, noise bombardment, and forced standing. In this paper I argue that the distinction between torture and torture lite is attractive to liberal democracies because it bolsters what David Luban has called the “liberal ideology of torture,” the myth that torture can be compatible with the basic commitments of liberal states. However, as I shall demonstrate, torture lite techniques are torture, for they are sufficiently cruel and severe to meet any plausible definition of torture. Furthermore, the use of terms like “torture lite” and the nature of such techniques encourage a moral psychology in which the violence and cruelty of torture is denied, the victim's suffering is hidden, minimized and doubted, and the torturer's responsibility is diminished. As such, the use of torture lite techniques is likely to encourage the normalization of torture.
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Haq, Inamul. "Kashmir Conflict and the Advent of Torture: An Overview." Randwick International of Social Science Journal 1, no. 1 (April 25, 2020): 42–52. http://dx.doi.org/10.47175/rissj.v1i1.9.
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Modern states have built burgeoning detention facilities like immigration centers, prisons and police cells that engage in torture and other cruel, inhuman treatments. The law enforcement agencies engage in torture and other cruel, inhuman and degrading treatment or punishment in the name of counter- terrorism, security threats and soon. The state uses torture and makes it clear that enhanced interrogation techniques makes a person from kidnapping to extra-ordinary rendition, from citizen to unlawful enemy combatant and from human to terrorist. The valley of Kashmir faces torture and other cruel inhuman treatments since insurgency began in 1990’s, with violent uprising and have elicited terrorism. Methods like torture is used as a tool of counter- insurgency by Indian security forces. The government of India used all efforts to crush the movement of self- determination of Kashmir. The strong response from India violates the human rights and international humanitarian laws. The law enforcement agencies, army and para- military forces have engaged in reprisal attacks against civilians resulting in indiscriminate firing, search operations, gang-rapes and burning of houses in the valley. After 1990, the situation in the Kashmir valley deteriorated and Kashmir was declared a disturbed area and laws like Disturbed Area Act (DAA) 1990, Armed Forces Special Powers Act (AFSPA) 1990 and Public Safety Act (PSA) 1978 were imposed. The purpose of the paper is to examine the concept of Torture in Kashmir valley and bring to light the plight of the victims in the valley.
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Mamon, Saleh. "Cruel Britannia: a secret history of torture." Race & Class 55, no. 1 (July 2013): 103–5. http://dx.doi.org/10.1177/0306396813486614.
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Voichenko, Valerii, Volodymyr Mishalov, Valerii Viun, and Davyd Valyakhmetov. "Forensic medical evaluation manifestations infliction of torture and torture and effective ways of fixation documented in the «Istanbul protocol»." Forensic-medical examination, no. 1 (May 29, 2017): 25–30. http://dx.doi.org/10.24061/2707-8728.1.2017.6.
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In the article the forensic evaluation of certain manifestations of torture and infliction of torture and other cruel, inhuman or degrading Degrading Treatment or Punishment and effective ways of fixing the documentary under the provisions of «Istanbul Protocol».
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Kipāne, Aldona. "CONCEPT OF TORTURE IN A CRIMINAL LAW." Administrative and Criminal Justice 2, no. 79 (June 30, 2017): 28. http://dx.doi.org/10.17770/acj.v2i79.2802.
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The paper considers basic provisions about the concept of torture in a Criminal Law and characteristics of torture. Torture constitutes a serious crime with traumatic physical and psychological consequences. The ban on torture and other cruel, inhuman or degrading treatment or punishment is well articulated in national and international instruments. The paper provides analyses of various scientists, theories of Criminal Law, it also analyses the existing judicial practice.
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Fernandez, Lovell, and Lukas Muntingh. "The Criminalization of Torture in South Africa." Journal of African Law 60, no. 1 (September 16, 2015): 83–109. http://dx.doi.org/10.1017/s0021855315000224.
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AbstractThis article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The South African anti-torture law is analysed and critiqued against the standards and provisions set out in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The article recommends amendments to the South African law, aimed at making the combating of torture more effective.
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Menshikov, P. V., and L. K. Mikhina. "The perniciousness of discussions on the reconsideration of international law in the field of protection from torture in the global media space." Journal of Law and Administration 17, no. 4 (February 21, 2022): 20–32. http://dx.doi.org/10.24833/2073-8420-2021-4-61-20-32.
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Introduction. The article reveals the inconsistency of the tendency in the international media space to question the universal principles of international law on the example of the discussion on the preservation of the provision of protection against torture and other cruel, inhuman or degrading treatment and punishment of people in the context of global terrorist threats. The activity of international governmental and nongovernmental organizations in the fight against torture is analyzed. The main emphasis is placed on the peculiarities and law enforcement practice of international legal legislation in the area of prohibition of the use of torture. Problems related to the prevention and spread of torture are studied, the dynamics of the development of national legislation in some states regarding the legalization of torture is examined, an example of violation of the prohibition of torture is given, as well as the position of the European Court of Human Rights regarding the use of torture.Materials and methods. The author of the article carries out a systematic analysis, comparative and formal legal methods of international legislation against torture and other cruel, inhuman or degrading treatment or punishment. Scientific and general scientific methods of cognition of the specifics of international legal legislation in the field of prohibition of the use of torture and the death penalty as a capital punishment, - namely descriptive, - are applied in this article.Results. For several decades, a system of international law has been created, which has given an interpretation of the concept of "torture", has introduced a complete ban on the use of torture and other cruel, inhuman or degrading treatment or punishment. The prohibition of torture is absolute. Torture is prohibited by international law, the laws of most countries in the world, the UN Convention against Torture, the Geneva Conventions and other international documents. This prohibition is absolute and does not allow any exceptions, which, however, is not always the case, giving rise to national and world media outlets to intensify discussions on the admissibility of revising these norms of international law in the interests of countering terrorist threats.Discussion and Conclusion. Despite the development of legislation in the field of combating torture, there are a number of problems of compliance with this norm of international law. Among them: the problem of defining the concept of "cruel, inhuman or degrading treatment or punishment", the problem of violation of international legal acts in this area, the ethical factor in the use of torture and others. An important problem is the issue of classifying the death penalty as the highest measure of torture and punishment, discussions about which will continue for a long time. In this situation, the important priority areas of the UN and other international organizations are the fight against the use of torture, the call for the introduction of a complete ban on torture, the strengthening of guarantees of the rights of citizens to be protected from them or the right to humanitarian, economic and psychological assistance in the event of torture in relation to him, encouraging the conduct of awareness-raising activities at the civil level, explaining their unconditional legislative prohibition, immorality and inhumanity. An important task for all states is to continue work to achieve a universal and complete prohibition of torture, protect the rights of citizens and build an inclusive, multilateral and trusting dialogue between all states, members of international organizations, as well as its provision at the federal, regional and local levels with the use of information and communication media policy tools and with the participation of the entire civil society.
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Falcon, Banuar Reuben A. "A Note on the Philippine Anti-Torture Act’s Compliance with the Convention against Torture." Asia-Pacific Journal on Human Rights and the Law 23, no. 1 (February 16, 2022): 107–24. http://dx.doi.org/10.1163/15718158-23010004.
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Abstract The Philippines had been a State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for over two decades before implementing legislation was passed. This note reviews the substantive provisions of the implementing legislation and assesses whether they comply with the Philippines’ international treaty obligations.
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Ingelse, Chris. "The Committee against Torture: One Step Forward, One Step Back." Netherlands Quarterly of Human Rights 18, no. 3 (September 2000): 307–27. http://dx.doi.org/10.1177/092405190001800302.
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The Committee against Torture, the supervisory body of the UN Convention against Torture, performs functions with respect to the implementation of anti-torture measures similar to the functions performed by other bodies established under earlier human rights instruments. The Human Rights Committee, for example, had already developed an elaborate practice in the field. In view of the existence of earlier established human rights instruments and procedures, it is questionable whether expansion of procedural and substantive obligations in the Convention against Torture was appropriate. This article appraises the Convention against Torture, the role of its Committee, as well as their contribution to the international prohibition of torture and other cruel treatment.
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Annas, George J. "Unspeakably Cruel — Torture, Medical Ethics, and the Law." New England Journal of Medicine 352, no. 20 (May 19, 2005): 2127–32. http://dx.doi.org/10.1056/nejmlim044131.
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&NA;. "Unspeakably Cruel-Torture, Medical Ethics, and the Law." Survey of Anesthesiology 49, no. 6 (December 2005): 304–5. http://dx.doi.org/10.1097/01.sa.0000185356.91565.4b.
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Başoğlu, Metin, Maria Livanou, and Cvetana Crnobarić. "Torture vs Other Cruel, Inhuman, and Degrading Treatment." Archives of General Psychiatry 64, no. 3 (March 1, 2007): 277. http://dx.doi.org/10.1001/archpsyc.64.3.277.
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MARKS, SUSAN. "Torture and the Penal Colony." Leiden Journal of International Law 20, no. 3 (August 30, 2007): 535–44. http://dx.doi.org/10.1017/s0922156507004244.
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Kafka's short story In the Penal Colony depicts the visit of a European traveller to a cruel penal colony. The author uses the story to explore current issues concerning torture. Her particular focus is on the interrelation between torture and empire, and on the limits of humanitarian reform. Kafka is instructive in puncturing the pretensions of humanitarianism, and in pointing up the inescapable uncertainties, absurdities, and complicities associated with it.
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ZHURTOV, ASTEMIR. "TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION." Sociopolitical sciences 10, no. 2 (April 30, 2020): 103–6. http://dx.doi.org/10.33693/2223-0092-2020-10-2-103-106.
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Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.
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ABDIKENOV, Duman B., and Yerzhan M. BIMOLDANOV. "Aspects of the Legal Support of Preventing Torture in the Activities of Law Enforcement Bodies." Journal of Advanced Research in Law and Economics 10, no. 2 (March 31, 2020): 426. http://dx.doi.org/10.14505//jarle.v10.2(40).01.
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The authors of the article have disclosed the specifics of criminal liability for committing torture in accordance with the current legislation of Kazakhstan. They have considered theoretical and legal aspects of the criminal protection of constitutional rights not to be a victim of torture, violence, other cruel or degrading treatment and punishment through the prism of international legal support for preventing torture in the activities of law enforcement bodies. The authors have defined the main criminal and criminological characteristics of the criminal offense provided for in Article 146 of the Criminal Code of Kazakhstan. Using the method of dialectical cognition and formal logical methods, the authors have taken certain steps to comprehend the phenomenon of torture, its social and legal characteristics in modern society and the law enforcement system of independent Kazakhstan. The authors have made an attempt to analyze the substantive and terminological essence of this negative phenomenon, conducted a comparative analysis of the criminal legislation of Kazakhstan and the main international laws in the field of protecting inalienable human and civil rights from torture and other cruel, inhuman or degrading treatment and punishment. In addition, this scientific article reveals some inconsistencies in the documents implemented by Kazakhstan and presents proposals for their elimination. The study results and conclusions drawn contribute to the theoretical enrichment and expansion of scientific ideas about torture as a crime, develop approaches and views forming the concept of preventing such criminal offenses and ensure the further development of scientific ideas in the field of criminal law and criminological support for preventing torture in the activities of police officers.
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Danelius, Hans. "Torture and Cruel, Inhuman or Degrading Treatment or Punishment." Nordic Journal of International Law 58, no. 2 (1989): 172–84. http://dx.doi.org/10.1163/157181089x00046.
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Ustinchenko, Ihor. "A case of torture of a victim in forensic practice." Forensic-medical examination, no. 1 (May 29, 2017): 111–14. http://dx.doi.org/10.24061/2707-8728.1.2017.28.
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Speaking about violent actions, torture of other cruel, inhuman or degrading treatment and punishment under the Istanbul Protocol, we bring a specific case from the practice of forensic medical examination of the Luhansk regional bureau.
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Spasov, Svetlozar. "THE ROLE OF THE JUDICIAL EXPERTS AND THE MEDICAL EXPERTISES PREPARED BY THEM IN THE INVESTIGATION AND ESTABLISHMENT OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT." Knowledge International Journal 34, no. 5 (October 4, 2019): 1559–65. http://dx.doi.org/10.35120/kij34051559s.
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The promotion and protection of human rights is one of the fundamental priorities of the United Nations, the European Union and every rule of law and democracy governed country. One of the most serious violations of human rights and human dignity is torture and other forms of cruel, inhuman or degrading treatment or punishment. For decades, the international community and the European Union take a number of actions aimed at preventing and limiting this type of negative manifestations. The main ones are the adoption of international universal and regional human rights instruments and the creation of specialized jurisdictions to monitor compliance with the established legal framework. Judicial experts and their expertise play an extremely important role in the proper and effective investigation of torture and other forms of cruel, inhuman or degrading treatment or punishment. The serious importance that the international community attaches to these medical professionals and their expertise is reaffirmed in the 2004 Istanbul Protocol drawn up by the Office of the United Nations High Commissioner for Human Rights. This act establishes internationally recognized standards and principles for the effective investigation and documentation of torture and other forms of cruel, inhuman or degrading treatment or punishment, some of which relate specifically to the role of judicial experts and their medical expertise. These include: the principles of impartiality and independence of medical experts in identifying such types of offenses, the compliance of their activities with the highest ethical standards, the principle of obtaining informed consent from the person alleged to be a victim of torture before doing any research. The Istanbul Protocol also introduced standards for order in which any medical examination of victims of torture or other ill-treatment should take place, as well as on the form and structure of medical expertise.The particular emphasis placed on the role of judicial experts by the international community is completely understandable, as it is these medical professionals who make the physical and / or psychological evaluation of the victim, which is objectified in the medical expertise, medical psychiatric expertise, or medical psychological expertise. On the basis of these expertises, the investigating authorities have the opportunity to prove the causal link between the victim's bodily harm and the psycho-traumas with the alleged torture or other cruel, inhuman or degrading treatment or punishment. Medical expertise is a method of proof not only in the course of the investigation, but also in the judicial process, as the specialized knowledge of forensic experts assist the court in establishing the objective truth, as well as the victims and their lawyers in the exercise of their rights of defense.
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Søndergaard, Elna, Rupert Skilbeck, and Efrat Shir. "Development of interdisciplinary protocols on medico-legal documentation of torture: Sleep deprivation." Torture Journal 29, no. 2 (October 30, 2019): 23–27. http://dx.doi.org/10.7146/torture.v29i2.115600.
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Background: The use of psychological torture or torture methods that leave no visible marks (stealth torture) is on the increase in various contexts. However, the difficulties in the documentation of such methods should be recognized by lawyers and health professionals who may benefit from using research-based interdisciplinary instruments to improve their documentation for legal processes - in addition to the United Nations Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment (1999) (Istanbul Protocol). Objective: With the aim to develop additional instruments for the documentation of various psychological torture methods, this article explains the recommended methodology for such research-based interdisciplinary instruments and the process of developing the first example of this approach relating to sleep deprivation. Development and pilot testing of the Sleep Deprivation Protocol: The pilot-testing of the Protocol by lawyers in the Public Committee Against Torture in Israel (PCATI) has already yielded positive results. Conclusion: Further advanced documentation instruments, using medical evidence in non-torture contexts and legal research, should be developed to effectively identify and record other psychological torture methods.
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Takács, Izolda. "Ius cogens human rights. The absolute right regarding prohibition of torture and the related interpretations, with particular consideration to the reservations of the United States." Pedagogika Społeczna Nova 2, no. 3 (June 7, 2022): 75–93. http://dx.doi.org/10.14746/psn.2022.3.4.
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The following paper attempts to introduce the general characteristics of the concept of torture and to describe it both as human right and criminal act. I will furthermore address the specific interpretation of the USA with regards to their reservation towards the Convention against Torture and Other Cruel, Inhu- man or Degrading Treatment or Punishment (UNCAT). Finally, the paper delineates the accountability of member states and the two methods applied to survey and prevent infringements.
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Melzer, Nils. "Migration-related torture: One of the greatest tragedies of our time." Torture Journal 29, no. 1 (May 22, 2019): 125–26. http://dx.doi.org/10.7146/torture.v29i1.114047.
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Without any doubt, the torture and abuse suffered by millions of migrants in all parts of the world is one of the greatest tragedies of our time. The undeniable links between irregular migration and torture are manifold and deeply troubling. Not only is the risk of torture and violence one of the most important “push-factors” causing countless people to flee their country of origin, it is also a frightening and pervasive reality of most irregular migration routes and, most shockingly, even of the treatment they receive by the very countries to which they turn for protection. My mandate as the United Nations Special Rapporteur on Torture is to seek, receive, examine and act upon information regarding torture or other cruel, inhuman or degrading treatment or punishment. My sources of information are governments, international and civil society organizations, but also journalists, individual victims and their lawyers, doctors, relatives, and friends.
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Girfanova, Jelena. "THE PROHIBITION OF TORTURE, CRUEL OR DEGRADING TREATMENT OR PUNISHMENT IN CLOSED INSTITUTIONS." Administrative and Criminal Justice 1, no. 91 (December 11, 2021): 23–29. http://dx.doi.org/10.17770/acj.v1i89.4411.
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In the paper “The prohibition of torture and other cruel, inhuman or degrading punishment in closed Institutions” the author has examined the obxervasnce of persons’ in detention, custody or imprisonment human rights in the European regional acts and national instruments as well as the provision of health care for detainees and convicted persons alike.All basic human rights’ documents, namely: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, degrading his or her human dignity”. All persons who have been punished, regardless of the crimes for which they were convicted, have the right to humane treatment and respect for their personality. No actions of people, whatever they may be, justify the inhuman treatment of them or the humiliation of their personality.
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Moreno, Alejandro. "Torture and Its Definition in International Law—An Interdisciplinary Approach, by Metin Başoğlu." Torture Journal 29, no. 1 (May 22, 2019): 136–38. http://dx.doi.org/10.7146/torture.v29i1.111733.
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Torture and Its Definition in International Law—An Interdisciplinary Approach was edited by Metin Başoğlu, and written by him and another sixteen experts in the medicolegal aspects of torture and cruel, inhuman, or degrading treatment or punishment (CIDT/P). The book has 506 pages and 16 chapters, which are organised into four parts: “Behavioral Science Perspectives”; “International Law Perspectives”; “Enhanced Interrogation Techniques: Definitional Issues”; and “Discussion and Conclusions”. The book is for health, legal and human rights professionals, beyond just those just working with victims of torture and CIDT/P, and is of interest to those who work with victims of other violent crimes, such as child abuse, interpersonal abuse, and forced displacement. The book raises many important questions.
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Szpak, Agnieszka. "A Change of the u.s. Position Regarding the Extraterritorial Prohibition of Torture – Is It a Breakthrough?" International Community Law Review 17, no. 4-5 (October 22, 2015): 496–510. http://dx.doi.org/10.1163/18719732-12341316.
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The author presents and analyses u.s. position regarding the extraterritorial application of the prohibition of torture before and after the change that occurred in November 2014 the Committee Against Torture. At that forum the u.s. stated that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 applies to “all places that the State party controls as a governmental authority”. This new test immediately gave rise to a lot of controversies and discussions on its exact meaning. As the author indicated it seems to be narrower than the test of effective control adopted in the jurisprudence of the European Court of Human Rights. The article also contains the review of this jurisprudence.
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Wenzel, Thomas, Andreas Frewer, and Siroos Mirzaei. "The DSM 5 and the Istanbul Protocol: Diagnosis of psychological sequels of torture." Torture Journal 25, no. 1 (September 26, 2018): 11. http://dx.doi.org/10.7146/torture.v25i1.109508.
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The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol, is an interdisciplinary standard supported by, among others, the United Nations and the World Medical Association. It aims at aiding the fight against torture by giving clear guidelines to ensure better and more effective assessment of physical and psychological sequels. Mental health is a key aspect of diagnostical assessment and documentation due to the severe and frequently long-lasting impact of torture that often lasts longer than physical sequels. The inclusion of psychological aspects and a psychiatric diagnosis is to be treated as an important obligatory. Care must be taken to avoid common pitfalls. The new and substantial revisions in the frequently used but also criticised Diagnostical and Statistical Manual (DSM) reflect challenges and opportunities in a comprehensive approach to the documentation of torture.
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Kisahi, Anati, and Rohaida Nordin. "A Move Towards UNCAT Accession by Malaysia: Challenges and Prospects." Jurnal Undang-undang dan Masyarakat 28, no. 2021 (April 2, 2021): 104–13. http://dx.doi.org/10.17576/juum-2021-28-10.
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The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT) which was drafted after having regard to certain international human rights instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, is an instrument specifically drafted to put an absolute prohibition on any forms of torture, and other acts of cruel, inhuman, or degrading treatment or punishment. So far, a majority number of 169 Member States of the United Nations has become State Parties to UNCAT, save for Malaysia and some other minority Member States. Although there have been calls for Malaysia to accede to UNCAT, Malaysia has always argued and maintained its position that it is not ready for accession. Therefore, this manuscript aims: (a) to establish a backdrop to this research by identifying the meaning of “torture” and “other cruel, inhuman or degrading treatment or punishment” and State Parties’ duty under UNCAT; (b) to ascertain the challenges and potential for Malaysia in becoming a State Party to UNCAT and accordingly, to recommend the approach to be taken by Malaysia pertaining to UNCAT accession. A legal research methodology via qualitative method that uses primary sources such as international human rights instruments and secondary sources such as academic literatures, is adopted for the purpose of this article.
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García Cívico, Jesús. "Two-Lane Blacktop: Refugees & Torture." Age of Human Rights Journal, no. 8 (June 16, 2017): 49–66. http://dx.doi.org/10.17561/tahrj.n8.3.
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The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and the right of asylum have, individually considered, an extensive field of application", but it is possible to point out some traits in common. Firsty, in both rights undelie the moral spirit of the Universal Declaration of Human Rights. At the same time, according to the recent reports of the main human rights organisations, both rights are in deep political crisis. Furthermore, is possible to see that sometimes they cross each other: there is a triple «zone of intersection between the right of asylum and the right not to suffer torture, inhuman or degrading treatment: one of the reasons for escaping from a country is to avoid suffering torture ("refuge after torture") secondly, sometimes inhuman and degrading treatment occur precisely in the process of seeking asylum ("inhuman treatment in the refuge"), finally, there are countries with strong deficiencies in their immigration policies and this can produce a perverse effect: the transfer of potential asylum seekers to countries where they are at risk of torture or inhuman treatment again ("torture or inhuman and degrading treatment after asylum").
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Mazza, Caterina. "Tortura oggi: perché no! Riflettendo su Abu Ghraib e Guantŕnamo." TEORIA POLITICA, no. 1 (May 2009): 121–44. http://dx.doi.org/10.3280/tp2009-001006.
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- The empirical evidences and the contemporary discussions get into question the total inadmissibility of torture which has been arranged and fixed on December 10, 1984 by the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. In fact, in the present time, several US scholars and politicians argue about the possibility to use torture as an adequate instrument to face the grave threat of international terrorism. Thinkers, for their convictions and analysis, part into two opposite positions: "utilitarian" and "absolutistic". The former is based on the Schmittian theory of emergency and on the idea that torture, a wrong practice in itself, can be justifiable if useful instrument to reach a morally higher "good" or to prevent an ethical worse "evil". The latter is grounded on the Kantian imperative as a guide for human choices. By this point of view, torture is absolutely and categorically unjustifiable, also in presence of a great threat for national security. Which reasoning and purposes support the US scholars in this reconsideration of torture as a tool of democracy? Which the actual consequences of these theoretical reflections?
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Morales-Toledo, Guadalupe del Carmen. "La prohibición de la tortura: derecho humano." Tequio 4, no. 10 (September 30, 2020): 36–46. http://dx.doi.org/10.53331/teq.v4i10.6818.
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Torture is a crime linked to serious human rights violations. To prevent, investigate, sanction and eradicate it, represents one of the biggest challenges when it comes to justice and human rights within our country, which currently holds high levels of impunity, and requires new and better investigation techniques, methods and strategies, that will allow meeting the demands for access to justice requested by the victims of these crimes. People deprived of their liberty (PDL) are demanding that all acts of torture itself become the subject of an investigation conducted by a multidisciplinary team in which lawyers, doctors and psychologists participate, based on the guidelines constituted in the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol.
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Ross, James. "Black letter abuse: the US legal response to torture since 9/11." International Review of the Red Cross 89, no. 867 (September 2007): 561–90. http://dx.doi.org/10.1017/s1816383107001282.
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AbstractThe use of torture by the US armed forces and the CIA was not limited to “a few bad apples” at Abu Ghraib but encompassed a broader range of practices, including rendition to third countries and secret “black sites”, that the US administration deemed permissible under US and international law. This article explores the various legal avenues pursued by the administration to justify and maintain its coercive interrogation programme, and the response by Congress and the courts. Much of the public debate concerned defining and redefining torture and cruel, inhuman and degrading treatment. While US laws defining torture have moved closer to international standards, they have also effectively shut out those seeking redress for mistreatment from bringing their cases before the courts and protect those responsible from prosecution.
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Chitimira, Howard. "A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (June 6, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1271.
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violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided
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Menshikova, A. G., and E. I. Dumanskaya. "THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT." Russian Family Doctor, no. 1 (December 15, 2020): 53–61. http://dx.doi.org/10.17816/rfd10679.
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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.
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Menshikova, A. G., and E. I. Dumanskaya. "THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT." Russian Family Doctor, no. 1 (December 15, 2020): 53–61. http://dx.doi.org/10.17816/rfd10711.
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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.
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Menshikova, A. G., and E. I. Dumanskaya. "THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT." Yugra State University Bulletin 16, no. 1 (December 15, 2020): 53–61. http://dx.doi.org/10.17816/byusu20200153-61.
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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.
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Tudorascu, Miruna, and Ioan Ganfalean. "The prevention of torture in detention places in connection with the Ombudsman Institution." Polish Law Review 2, no. 2 (December 31, 2016): 68–74. http://dx.doi.org/10.5604/24509841.1230276.
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By the Law No. 109/2009, Romania ratified the Optional Protocol adopted in New York at 18th of December 2002, at the Convention against the torture and other punishments or cruel treatments, inhuman and degrading, adopted in New York at 10th of December 1984, assuming the obligation of establishing at national level The National Mechanism of Torture Prevention in Detention Places, for consolidation the protection of persons who are in detention places. By the Emergency Ordinance no. 48/2014 , which modified and completed the Law no. 35/1997 – regarding the organization and functioning of Ombudsman Institution, and also for modification and completing of some other normative acts, The Ombudsman Institution, as autonomous public authority, was named as the unique national structure which has attributions in connection with The National Mechanism of Torture Prevention in Detention Places.
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Levina, Polina. "Links Between Criminal Justice Procedure and Torture: Learning from Russia." New Criminal Law Review 16, no. 1 (January 1, 2013): 104–42. http://dx.doi.org/10.1525/nclr.2013.16.1.104.
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This article aims to establish the causes behind the sense of impunity that pervades the institutions of Russian law enforcement in the context of interrogations in pretrial detention. This sense of impunity is critical, for it creates a climate in which torture and other cruel, inhuman, or degrading treatment or punishment is used as a tool to expedite the investigative process and guarantee the success of the subsequent prosecution. This study argues that impunity for torture by law enforcement officials in Russia is fostered by three discernible factors. First, the Criminal Code inadequately articulates the prohibition of torture. Second, the Code of Criminal Procedure contains substantive shortcomings that create a structure that both incentivizes torture and discourages investigation into allegations of torture. And, third, allegations of ill treatment and torture that are raised during trial trigger no substantive investigative actions. The combined effect of these factors is that the state, in effect, fosters the law enforcement officers’ sense of impunity. This article analyzes these shortcomings through the lens of international human rights law, contributing to the ongoing scholarly inquiry into the relationship between European Court of Human Rights jurisprudence and the domestic law of states within the Council of Europe.
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Hadebe, Philisiwe, and Nirmala Gopal. "When Torture Mocks the Law: Understanding Police Brutality in South Africa." International Journal of Criminology and Sociology 10 (December 31, 2020): 231–43. http://dx.doi.org/10.6000/1929-4409.2021.10.28.
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South Africa promulgated the Prevention and Combating of Torture of Persons Act No. 13 of 2013, which criminalises the use of torture by law enforcers. The Act also criminalises cruel, inhumane, or degrading treatment or punishment of citizens by law enforcers. However, the implementation of this law is derisory as the torture and physical abuse of civilians by the police reportedly continue unabated. This phenomenon seems part of police culture that is entrenched in South African policing practices. Prior to the study, the literature review underscored the unabated prevalence of police violence. Against this background, this article seeks to highlight specific incidences of police officers’ use of unconstitutional and abusive acts of torture involving civilians. Using a qualitative research approach, ten officers of the Independent Police Investigative Directorate (IPID) were interviewed to generate the required data. Thematic analysis was used and the findings revealed that civilians suspected of criminal behaviour were often exposed to inhumane forms of torture, which ranged from food and water deprivation to being strangled, suffocated, and electrocuted. These forms of torture involving suspects were reportedly prompted by the urgency for eliciting information, ‘proving’ the presumption of guilt, proactively preventing crime in communities, and coercing suspect compliance. The findings thus urge the need for a blanket ban on the torture of suspects, the effective investigation by the IPID of cases of torture, and the successful trial and conviction of police perpetrators of this crime.
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Van den Bergh, Brenda, Marie Brasholt, Praxeda James Swai, Primus Saidia, Moses Kidew, Naomi Lipsius Hincheli, Maha Aon, and Jens Modvig. "Torture and torture practices in Tanzania: Knowledge, attitudes and practice among medical professionals." Torture Journal 29, no. 2 (October 30, 2019): 70–80. http://dx.doi.org/10.7146/torture.v29i2.112246.
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Introduction: Medical professionals have a key role in addressing torture and need an awareness and knowledge of torture in relation to rehabilitation approaches, prevention and international standards. This study was undertaken with the aim of assessing the current knowledge, attitudes and practices of medical professionals in Tanzania, creating a baseline for possible future interventions. Methods: Both quantitative and qualitative data were collected. A cross-sectional survey was carried out using an intervieweradministrated structured questionnaire with 31 questions. Five focus group discussions were held. 386 medical professionals participated in the study representing primary, secondary and tertiary levels of health care in five regions of mainland Tanzania: Arusha, Dar es Salaam, Kigoma, Mara and Mbeya.Results: Around 95% of all professionals acknowledged the existence of torture in Tanzania, but only 7% could correctly identify six different acts as being actual acts of torture according to the definition of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Less than 15% were aware of relevant international standards like the Istanbul Protocol and the Mandela Rules. Up to 57% perceived that torture could be acceptable under certain circumstances. About 68% of all professionals reported to have encountered torture victims. The majority (82.9%) saw themselves as competent in the management of torture victims, but only 22% had received training specifically focusing on torture and its consequences. Most were interested in learning more on the subject. Conclusion: While medical professionals may be aware of theexistence of torture in the country and report encountering torture victims in their daily work, both the professionals’ skills and attitudes with regards to torture require development to intensify the workagainst torture in Tanzania. Intervention strategies should target training in medical schools and in-service training for medical professionals at all levels within the healthcare system.
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Zangeneh, Parisa. "‘The Gloves Came Off’: Torture and the United States after September 11, 2001." International Human Rights Law Review 2, no. 1 (2013): 82–119. http://dx.doi.org/10.1163/22131035-00201003.
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This article examines the use of ‘enhanced interrogation techniques’ in the context of international legal obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT) and the domestic implementation of the international prohibition of torture into United States (US) law under 18 United States Code Sections 2340-2340A. The legal basis for the interrogation programme was a series of contentious legal memoranda written by Department of Justice Office of Legal Counsel lawyers.1 This article examines whether the memo drafters ought to be investigated for incurring criminal liability for the consequences of their memoranda, namely under CAT and Sections 2340-2340A and what has unfolded under President Obama’s administration.
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Tavolzhanska, Yuliia Serhiivna, and Iryna Anatoliivna Kopyova. "Cо-perpetrators of torture: national and convention definition framework." Herald of the Association of Criminal Law of Ukraine 1, no. 15 (August 6, 2021): 91–110. http://dx.doi.org/10.21564/2311-9640.2021.15.233649.
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The article is prepared in continuation of development of author's dissertation researches. The paper reveals the peculiarities of objective and subjective features of cо-perpetration in torture (both on the basis of the provisions of the Criminal Code of Ukraine, and taking into account the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. When interpreting national criminal law norms in the light of convention provisions, the requirements of two-frame criminal law research are met. The authors' positions are supported by message from human rights organizations, decisions of the European Court of Human Rights, and theoretical modeling. The article contains the following conclusions. A co-perpetrator of torture may commit this criminal offense by his or her own actions or omissions, use another person as a “means” of committing a criminal offense, or delegate the commission of a criminal offense to another person. A co-perpetrator of torture may join in committing torture at any stage of the commission of this criminal offense. If, under the circumstances of complicity in torture, a public official or other person acting in an official capacity direct torture, he or she is the perpetrator (co-perpetrator) of the offense. If, in complicity in torture, a public official or other person acting in an official capacity creates the conditions for committing the offense, he or she should be recognized as the organizer, instigator or accomplice of the torture (depending on the role he or she has played). If, in complicity in torture, a public official or other person acting in an official capacity doesn't interfere of torture, he or she is the accomplice to torture. Not preventing torture should not be confused with the mental violence that can be used to torture. Article 1 of the 1984 Convention also covers cases of involvement in the torture of public official or other person acting in an official capacity.
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Davis, Michael. "The Moral Justifiability of Torture and other Cruel, Inhuman, or Degrading Treatment." International Journal of Applied Philosophy 19, no. 2 (2005): 161–78. http://dx.doi.org/10.5840/ijap200519215.
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Phillips, Gerardette. "Death Penalty: The Present Day Threat to Human Life." MELINTAS 30, no. 1 (April 1, 2014): 1. http://dx.doi.org/10.26593/mel.v30i1.1280.1-21.
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The death penalty is not an act of self-defense against an immediate threat to life. It is the premeditated killing of a prisoner who could be dealt with equally well by less harsh means. There can never be a justification for torture or for cruel, inhumane or degrading treatment or punishment. The cruelty of the death penalty is evident. Like torture, an execution constitutes an extreme physical and mental assault on a person already rendered helpless by government authorities. The most common justification offered is that, terrible as it is, the death penalty is necessary: it may be necessary only temporarily, but, it is argued, only the death penalty can meet a particular need of society. And whatever that need may be, it is claimed to be so great that it justifies the cruel punishment of death. The death penalty, as a violation of fundamental human rights, would be wrong even if it could be shown that it uniquely met a vital social need. What makes the use of the death penalty even more indefensible and the case for its abolition even more compelling is that it has never been shown to have any special power to meet any genuine social need.
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QI, SHOUHUA, and WEI ZHANG. "Total Heroism: Reinterpreting Sartre's Morts sans sépulture (The Victors) for the Chinese Stage." Theatre Research International 44, no. 02 (July 2019): 171–88. http://dx.doi.org/10.1017/s030788331900004x.
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Zha Mingzhe's 1997 production of Sartre's Morts sans sépulture takes bold creative license in the form of retooled dialogues; hard-edged stage design; moody, ironic music; and the brutal acoustic ‘facsimile’ of torture to reimagine the play for Chinese audiences. Zha's production is neither an exuberant celebration of ‘heroism’ as the term is conventionally understood, nor a parable-like play given to ‘philosophizing’ the core tenets of Sartre's existentialism. Rather, it is a full-scale, in-your-face presentation of ‘total heroism’: heroism that is flawed, falling far short of the kind of heroism idealized in the annals or mythologies of the so-called ‘red classics’, but it is heroism nonetheless. It is an interrogation, in the fullest sense of the term, of the ‘essence’ of being tested in the crucible of ferocious tortures, and a ‘cruel’ antidote much needed to shock the numbed nerves of the body politic.
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Varchenko, О. О. "Human dignity as an object of protection in criminal procedural legal relations." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 302–7. http://dx.doi.org/10.24144/2307-3322.2021.64.55.
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The paper explores the key approaches to understanding the category of “human dignity” at the level of theo-retical sources and practice of law enforcement. The positions of the European Court of Human Rights (hereinafter referred to as the ECHR) are analyzed. It is stated that the criteria for distinguishing between different forms of humiliation of human dignity (torture and the behavior that is cruel, but still does not reach the level of torture) are (a) the purpose for which the corresponding actions are performed and (b) the degree of cruelty of the perpetrator(s) and the degree the suffering of the victim. It is established that, in assessing the severity of a victim’s suffering and the severity of their treatment in terms of whether such treatment has reached the level of torture, the ECHR always takes into account the individual characteristics of the case. It is demonstrated that an attitude (actions, orders, conditions of detention, etc.) aimed precisely at the humiliation of human dignity is an independent form of miscon-duct that violates Art. 3 of the Convention and Art. 11 of the CPC. It is proved that such situations do not involve the use of physical violence against a person, which would cause their physiological discomfort, as otherwise it would already qualify as inhuman treatment or torture depending on the intensity of the violence and the degree of suffering. At the same time, it is said about the attitude (actions, orders, conditions of continuation) that causes the victim to feel fear, anxiety and inferiority, which can offend and humiliate (it is enough if the victim is humiliated in their own eyes). It should also be borne in mind that even the absence of the purpose of victim’s humiliation in such a situation does not in itself exclude violations of Art. 3 of the Convention. It is substantiated that although the humiliation of dignity may be an independent form of violation of Art. 3 of the Convention and Art. 11 of the CPC, but the humiliation of inseparably accompanies other forms of violation of Art. 3 of the Convention and Art. 11 of the CPC – such as torture and other cruel or inhuman treatment or punishment or the use of threats of such treatment.
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Oswald, Bruce ‘Ossie’. "Some controversies of detention in multinational operations and the contributions of the Copenhagen Principles." International Review of the Red Cross 95, no. 891-892 (December 2013): 707–26. http://dx.doi.org/10.1017/s1816383113000659.
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AbstractThis paper discusses three main areas of controversy relating to detention in the context of multinational operations: the relationship between international humanitarian law and human rights law; the principle of legality in the context of relying on United Nations Security Council resolutions as a justification for taking detainees; and the transfer of detainees where there is, for example, a substantial risk of torture or cruel, inhuman or degrading treatment or punishment. The paper then considers how the Copenhagen Principles address these issues.